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OKLAHOMA
DISTRICT
ATTORNEYS
COUNCIL
421 s.w. 13th Street,
STE290,
Oklahoma City, OK
73103 .
(405) 264-5000
June 17,20 II Issue 8
Brain Scans in the Courtroom
Neuroscientist have been using brain scans to learn
how to read minds. This research is increasing our
basic understanding of the human brain and offering
hope for medical breakthroughs. Commercial firms,
however, are beginning to apply this research to lie
detection, selling their services.
For nearly 10 years, neuroscientist have been publish-ing
articles about detecting lies with magnetic reso-nance
imaging (MRI). The trouble is that these studies
have taken place in the artificial environment of the
lab using people who knew they were taking part in
an experiment and were following instructions to lie.
None of the studies examined lie detection in real-world
situations. No government agency has found
that this method works; no independent bodies have
tested the approach. Yet people are buying into lie-detection
reports and trying to introduce them into
the courtroom.
In a federal district court in Tennessee, the defendant
in a Medicare fraud case wanted to introduce the MRI
lie-detection report into evidence to prove that he
had not intended to commit fraud. Ultimately, the
judge decided that the evidence should not be admit-ted.
He found, correctly, that the accuracy of the
method was unknown in real-world settings, that
there were no standards for how the method should
be applied, and that the scientific community did not
generally accept this application of the technology.
In New York, a plaintiff in state civil court wanted to
introduce an MRI report to show that her main wit-ness
was telling the truth. The judge in that case ruled
that the credibility of a fact witness was solely a ques-tion
for the jury; expert testimony about the wit-ness's
credibility was inadmissible, whether or not it
was reliable.
Continued on Next Page...
• "'f)oday courts rarely
admit brain scans as
eviaence at trial for
both tegalistJc and sci-entific
reasons. As neu-roscience
matures.
ho.w.e¥eJ", judges may
inooea'Stngly iet such
scans as tt.eIt.'laAt tG
artumM~ ~t .a <I~
fentll.:IIIt~manul ~te
er .a ~_'lt ~1+
i~.
Page 2 Capital Commentary
Brain Scans continued ....
In 2009, the science made its debut in criminal proceedings in Illinois. After confessing to the murder
of a nurse in 1984, already convicted murderer Brian Dugan faced the death penalty. His attorneys,
realizing that they would have a hard time getting leniency, sent Dugan to get an MRI scan of his
brain. The purpose, according to Dugan's attorneys, was to offer persuasive mitigating evidence that
Dugan was a psychopath and could not control his killer impulses. The prosecutor, Joseph Birkett
argued that allowing the scans, with the bright colors and the statistical patterns might bias the jury.
Some studies, Birkett argued, have shown that neuroscientific explanations can be particularly seduc-tive
to the layperson.
Ultimately, the judge ruled that the jury could not see Dugan's actual brain scans, but that an expert,
Kent Kiehl, could describe them and tell the jury how he interpreted them to come to the conclu-sion
that Dugan was a psychopath. After Kiehl's extensive testimony on the subject, the prosecution
brought in a rebuttal witness, Jonathan Brodie, a psychiatrist at New York University. He refuted the
imaging on several grounds. Most importantly, timing was an issue. Dugan was scanned 26 years after
he committed the crime. It was impossible to know what was going on in Dugan's mind at that time.
In the end, the jury was not swayed and voted to give Dugan a death sentence.
Eventually, thousands of trial judges in America may have to rule on this technology. More im-portant,
millions of lives may be affected by the use of these lie-detection reports outside of the
courtroom - in criminal investigations, in business deals, perhaps in the military or the intelligence
community, even in love and marriage.
Before this technology gets a foothold in society, we must answer, more broadly, the questions
judges may confront. Most experts recommend that we ban non-research use of neuroimaging for lie
detection until the method has been proved effective by rigorous, independent, scientific testing.
Otherwise we risk hurting people and tarnishing the good name of neuroscience. Consequently,
even if MRI scans did pass the test, when and how would we use id Would we force defendants to
submit to id What about suspects, terrorist, misbehaving students, unruly passengers in airport secu-rity
lines, or teenage children? Whatever standards MRI scans should be held to, as technology im-proves,
neuroscientist and the legal system are under pressure to work them out.
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NAACP Releases 2010 Execution Update
Jerome Ersland Found Guilty in Pharmacy Shooting
Oklahoma City - A jury has decided pharmacist Jerome Jay Ersland was guilty of first-degree mur-der
for fatally shooting a masked robber two years ago inside an Oklahoma City drugstore. Jurors
chose life in prison as punishment.
Ersland, 59, of Chickasha, had no reaction as Oklahoma County District Judge Ray C. Elliott read the
verdict. Formal sentencing was set for July I I. The judge has the authority to suspend part or all of
the life term but that rarely happens in murder cases .
.Emanuel Mitchell and
Anthony Morrison Guilty in
Pharmacy Shooting
Oklahoma City - In May, jurors found Emanuel
Mitchell, 33, and Anthony D. "Black" Morrison,
44, guilty of first-degree murder in the death of a
16-year-old accomplice during a 2009 robbery at
Reliable Discount Pharmacy in south Oklahoma
City. The 16-year-old accomplice was fatally shot
by pharmacist, Jerome Ersland.
Jurors decided the cousins should spend life in
prison for murder. Jurors also found Morrison
and Mitchell guilty of conspiracy to commit an
armed robbery. Jurors found Mitchell guilty of
driving a stolen car.
Hominy Man Receives 20-year
Sentence for 1997 Killing
Pawhuska - Jeffrey
Scott Garrison re-ceived
a 20-year
prison term June 16
in connection with
the 1997 slaying of a
teenage girl after he
pleaded no contest to first-degree murder.
Garrison was charged with the July 2, 1997, kill-ing
of Amy Lee Schlock Hays, 16, of Hominy.
Garrison, who was arrested in connection with
the killing in May 2008, was scheduled to stand
trial in September.
Laconsello Pleads Guilty in Stabbing Death of 4-year-old
Muskogee - Aaron Laconsello, 19, entered a plea of guilty in the death of Dakota Joe Lane, 4, who
died after Laconsello broke into his family's home and stabbed him 36 times with a pair of scissors on
Nov. 9. The boy's pregnant mother, Stephanie Lane, was also injured when she tried to rescue her
son.
Kansas Inmate Charged in Death of Missing JayWoman,
Barbara Ann Johnson-Willard
Jay - A Kansas inmate already serving time on multiple rape and sexual assault convictions has been
charged in the slaying of a Jay woman who has been missing for nearly 15 years. In June, Delaware
County authorities charged John Lee Weeks, 44, formerly of Gentry, Ark., with first-degree murder in
the death of Barbara Ann Johnson-Willard, 29.
Authorities said Weeks was able to fly under the radar undetected for so long because he wasn't from
the area. Johnson said both of Johnson-Willard's parents died since her disappearance. Weeks is ex-pected
to be extradited to Oklahoma in 15 to 45 days. Weeks and Johnson-Willard worked together
at Simmons Poultry Processing Plant in Jay for 10 days just before the woman disappeared. Simmons
personnel records indicated June 14, 1996, was the last day that both Weeks and Johnson-Willard
worked at the plant, he said. The woman went missing three days later. Weeks has refused to talk to
investigators. Johnson-Willard's remains have never been recovered.
Trial Set in Oklahoma
Quintuple Murder
EI Reno - Canadian County authorities have ·:
scheduled an Oct. 3 trial date for a man accused of :killing his girlfriend and her four children. Officials :·
set the trial date for 28-year-old Joshua Steven ~
Durcho. Durcho faces five counts of first-degree :
murder in the deaths of 25-year-old Summer Rust :
and her children, 7-year-olds Kirsten and Autumn ~
Rust: 4-year-old Teagin Rust and 3-year-old Evynn :Garas. :····
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Their bodies were discovered on Jan. 12, 2009, at
their EI Reno apartment. It is also alleged Durcho
killed the woman to keep her from contacting po-lice
about two outstanding warrants for failing to
appear in court on charges of driving under the in-fluence
and drug possession. Prosecutors are seek-ing
the death penalty.
Guthrie Teenager Found
Guilty in Father's Death
Guthrie- On May 16, the jury took only 2
1/2 hours to convict Kaleigh Fryer, 16, who
was tried as an adult. Fryer stood accused of
conspiring with her married lover to kill her
father.
Prosecutors believe that Fryer persuaded her
boyfriend, Jerry Chiles Jr., 22, to stab to
death Lewis Fryer, 50, in his home in Guthrie.
Fryer's attorneys contend "Ms. Fryer was as
big a victim as any in this case, she was taken
advantage of by Jerry Chiles." Fryer's married
boyfriend, Jerry Jerone Chiles Jr., 22, admit-ted
to stabbing Lewis Keith Fryer, 50, to
death in the man's bedroom about 3 a.m. on
May 12, 20 I0. Chiles testified against Kaleigh
Fryer in return for a sentence of life in prison
with the possibility of parole.
Nichols Hills Doctor Acquitted on Insanity Grounds
Oklahoma City - On June 3. a judge ruled a Nichols Hills physician was insane when he fatally
stabbed his 9-year-old son in 2009 and attacked his wife when she tried to intervene. Dr. Stephen
Paul Wolf. 52. was acquitted on the insanity ground of first-degree murder and assault and battery
with a deadly weapon.
Wolf will be sent to the state mental hospital in Vinita. He could be there for the rest of his life. An-other
hearing will be held within 45 days.
The judge has the final say on when and if he is released. "He states that he was feeling that he was
the devil and that his son. Tommy. was the son of the devil and that being the son of the devil is the
worst evil there is and he had to release his son from that evil." a University of Oklaho-ma
psychiatrist. David H. Tiller. reported.
The psychiatrist prepared a report for Wolfs attorney. Mack Martin. A Texas psychologist. Robert D.
Morgan. examined Wolf for prosecutors. Both experts agreed he did not know at the time of the
stabbing that his actions were wrong. Both said he has experienced remorse and grief after he real-ized
what he had done.
Mustang Man Convicted of
Murder Despite Insanity Claim
Oklahoma City - An Oklahoma County jury
has convicted a Mustang man of first-degree
murder in the shooting death of his father in
Oklahoma City.
A jury found 20-year-old Morgan Cline guilty
and recommended a life in prison term. Defense
attorneys argued that Cline was insane when he
shot and killed 58-year-old Richard Cline on
April 18. 2009. while Cline slept in his Oklaho-ma
City home.
Police say Morgan Cline told detectives that he
knew what he was doing but that "it just felt
right."
Death Row Inmate Lonnie
Richie Resentenced to LWOP
~ Tulsa - A nearly 20-year-old Tulsa murder case
: was resolved when a man who had previously
: been sentenced to death in the case was resen- ·: tenced to life in prison without parole. Lonnie
: Wright Richie pled guilty to the first-degree
~ murder in the hanging of Laura Launhardt. Laun-
: hardt disappeared from a Kmart store on Au- ·: gust 28. 1991. ··
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Richie was convicted in 1993 and sentenced to
death. A new trial was ordered by the 10th Cir-cuit
because the trial judge did not properly in-struct
jurors. failing to give the option of second
-degree murder. Prosecutors dropped the death
penalty as part of an agreement in which Richie
waived his right to a retrial and pled guilty.
Oklahoma Court of Criminal Appeals
Note: Pursuant to Title 22, Chapter/B, Rules of the Oklahoma Court of Criminal Appeals, Rule 3.5(C) (3), "an unpublished opinion is not
binding" on the Court Parties may cite and bring to the Court's attention an unpublished opinion of the Court provided counsel states that "no
published case would serve as well the purpose for which counsel cites it." and provided further that counsel shall provide opposing counsel and
the Court with a copy of the unpublished opinion.
Bills v. State, F-2009-404, Decided May 4, 20 I I - Unpublished
Appellant Kassie Lakei Bills was tried by jury in the District Court of Oklahoma County. She was
found guilty of First Degree Murder and sentenced to LifeWithout Parole.
Issue: Appellant raises several propositions of error, the court finds reversible error in proposition
I, rendering all other propositions denied as moot. In proposition I, Appellant argues that the
trial court exceeded its appropriate role in instructing the jury during voir dire.
Holding: In this instance, while the trial court judge incorporated material from the uniform in-structions
into the voir dire proceeding, he also included his own additional commentary on the de-liberation
process. Based on his comments, it appears that the trial judge was trying to instruct the
jury on how to avoid deadlock. These comments were similar to an Allen charge, or deadlocked
jury instruction (No. 10-1 I OUJI-CR(2d», which is given only after jurors start their deliberations.
The trial court's admonition to jurors not to be "hard headed" and to reel in fellow jurors who
might wander or stray because "we don't want to be here all day, all week, all month, all year" is
obviously a preemptive attempt to head off a deadlocked jury.... Therefore, that the trial court's
voir dire comments urged jurors to reach a verdict quickly and urged majority jurors to reel in indi-vidual
"hard-headed jurors whose views were impeding a decision, was a misstatement of the law
that was an inherently coercive intrusion into the jury's deliberative process. This was plain error '.
Reversed and Remanded for New Trial.
IPlain errors are violations of legal rules clear from the appellate record that go to the foundation of the case or take
from the defendant a right essential to his defense .
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Wise v. State, F-2009-1 I 10, Decided May 4,20 I I - Unpublished
Appellant Twila Renae Wise was tried by jury in the District Court of Lincoln County. She was
found guilty of First Degree Felony Murder and sentenced to Life Imprisonment.
Issue: Appellant raises several propositions of error, the court finds reversible error in proposition
V I I I. In proposition VIII, Appellant argues that she was denied her Sixth Amendment
right to effective counsel. Specifically, that Appellant's counsel was ineffective for failing to ade-quately
cross-examine accomplices on critical issues relating to their credibility.
Continued on next a e
Page 8 Capital Commentary
Wise v. State, F-2009-11 10, Decided May 4,20 II Continued from p.7
Appellant argues that her counsel failed to utilize information that accomplices were only charged
with burglary for their involvement despite the fact that, as the prosecution argued, each of these
women was guilty of First Degree Murder as the Appellant.
Holding: Defense counsel's failure to elicit this information, which could have shown that these
witnesses had significant motive to lie is enough to render defense counsel's performance constitu-tionally
deficient. There is reasonable probability but for counsel's unprofessional error in not chal-lenging
the witnesses credibility with this evidence, the result of the proceeding would have been
different. Reversed and Remanded for New Trial.
Coddington v. State, 0-2008-655, Decided May 13,20 I I - Published
Appellant was tried by jury in the District Court of Oklahoma County. Appellant was convicted of
Murder in the First Degree and sentence to Death.
Appellant raised 18 propositions of error.
Proposition I, Coddington claims the trial court left the bench during the presentation of a vide-otape
offered in mitigation.
Issue: Whether structural error occurs when a trail judge leaves the bench during trial?
Holding: A trial judge's absence from the bench during the course of proceedings is a trial error,
not a structural error, and subject to harmless error analysis. This claim of error may be waived,
either by a defendant's express consent to the judge's absence, or by implication if a defendant fails
to object. The trial court may cure error by ceasing proceedings during its absence, or by explaining
the absence to jurors, being available to make relevant rulings, giving notice to all parties, and get-ting
the parties' consent to any absence. Assuming without deciding that the trial court in this case
may have briefly left the courtroom while the videotape was played for jurors, Coddington fails to
show any prejudice. Affirmed.
Davis v. United States
Decided June 16, 201 1
While conducting a routine ve-hicle
stop, police arrested peti-tioner
Willie Davis, a passen-ger,
for giving a false name. Af-ter
handcuffing Davis and se-curing
the scene, the police
searched the vehicle and found
Davis' revolver. Davis was then
indicted on charges of being a
felon in possession of a firearm.
Davis moved for suppression of
the firearm, which was denied
based on the Eleventh Circuit
precedent New York v. Belton.
While his appeal was pending,
Arizona v. Gant was decided.
Under Gant the Eleventh Cir-cuit
held that the vehicle
search at issue violated Davis'
Fourth Amendment rights, but
the court declined to suppress
the revolver and affirmed Da-vis'
conviction.
Issues: Whether to apply the
exclusionary rule when the po-lice
conduct a search in compli-ance
with binding precedent
that is later overruled. And
whether Gant can be applied
retroactively.
Holding: Searches conducted
in objectively reasonable reli-ance
on binding appellate prec-edent
are not subject to the
exclusionary rule. And Gant is
retroactive to the legality of the
search; but exclusion doesn't
necessarily follow.
Supreme Court Opinions
Bobby v. Mitts
Decided May 2, 20 II
An Ohio jury convicted respondent Harry Mitts on two
counts of aggravated murder and two counts of attempted
murder. He was sentenced to death.
Issue: Did Ohio jury instructions regarding aggravation, given
during the penalty phase of Mitt's murder trial, violate appel-lant's
due process rights?
Holding: The U.S. Supreme Court's logic in Beck v. Alabama,
holding that the death penalty may not be imposed "when the
jury was not permitted to consider a verdict of guilt of a lesser
included non-capital offense, and when the evidence would
have supported such a verdict." 447 U.S. 625 (1980) does not
apply to penalty phase proceedings.
u.s. Supreme Court Opinions
http://www.supremecourt.gov/
J.D.B. v. North Carolina
Decided June 16, 201 1
J.D.B. was a 13-year-old, seventh grader who was removed
from his classroom by a uniformed police officer, escorted to
a closed-door conference room, and questioned by police for
at least half an hour regarding two home break-ins to which
he subsequently confessed.
Issue: Is the age of a child subjected to police questioning rel-evant
to the custody analysis of Miranda v. Arizona?
Holding: Yes. A child's age properly informs Miranda's custo-dy
analysis. In some circumstances, a child's age, " would have
affected how a reasonable person" in the suspect's postion
"would perceive his or her freedom to leave."
Supreme Court Opinions
Tapia v. United States
Decided June /6, 20//
After defendant was convicted of, inter alia, smuggling unauthorized aliens into the United States, the
United States District Court for the Southern District of California imposed a 51-month term of im-prisonment
reasoning that Tapia should serve that long in order to qualify for and complete the Bu-reau
of Prisons' Residential Drug Abuse Program (RDAP). On appeal, Tapia argued that lengthening
her prison term to make her eligible for RDAP violated 18 U.S.c. § 3582(a), which instructs sentenc-ing
courts to "recogniz[e] that imprisonment is not an appropriate means of promoting correction
and rehabilitation."
Holding: Reversing the Ninth Circuit, this Court holds that Federal courts may not impose or length-en
a prison term in order to promote a criminal defendant's rehabilitation.
Volume I, Issue I Page I I
FBI Agents Get Leeway to Push Privacy Bounds
MSNBC - The Federal Bureau of Investigation in giving significant new
powers to its agents, allowing them more leeway to search databases,
go through household trash or to use surveillance teams to scrutinize
the lives of people who have attracted their attention.
The F.B.I. plans to issue a new edition of its manual, called the Domes-tic
Investigations and Operations Guide, according to an official who
has worked on the draft document and several others who have been
briefed on its contents. The new rules add to several measures taken
over the past decade to give agents more latitude as they search for
signs of criminal and terrorist activity.
Some of the most notable changes apply to the lowest category of investigations, called an
"assessment." The category, created in December 2008, allows agents to look into people and or-ganizations
"proactively" and without firm evidence for suspecting criminal and terrorist activity.
Under current rules, agents must open such an inquiry before they can search for information about
a person in a commercial or law enforcement database. Under the new rules, agents will be allowed
to search such databases without making a record about their decision.
The new rules will also relax a restriction on administering lie-detector tests and searching people's
trash. Under the current rules, agents cannot use such techniques until they open a "preliminary
investigation," which - unlike an assessment - requires factual basis for suspecting someone of
wrongdoing. But soon agents will be allowed to use those techniques for one kind of assessment,
too: when they are evaluating a target as a potential informant. Agents have asked for that power in
part because they want the ability to use information found in a subject's trash to put pressure on
that person to assist the government in the investigation of others. For the full article click here.
Important IJinks
Oklahoma Supreme (hurt Network
http://www.oscn.net/applications/oscn/start.asp?viewType=
Oklahoma (hurt of CriminaJ Appeals
http://www.okcca.net/online/home.jsp
The Oklahoma Legislatn:re
http://www.lsb.state.ok.us/
United S~ Supreme (hurt
http://www.supremecourtus.gov/
Page 12 Capital Commentary
NEWS FROM ARlOlUND THE COUNTRY
Florida: Public Defender Orders Brain
Scans for Notorious Killers
Tampa - The public defenders office in Tampa, Florida
has ordered brain scans for three (3) accused murderers.
The order comes after Demarcus Sears, sentenced to
death in Georgia 18 years ago, won a new trial after the
U.S. Supreme Court found that his attorneys failed to
document brain damage Sears suffered as a child. Medical
and Sheriffs sources say the test and security come to
about $5,000 per exam. Experts say, in the end, the cost
of the tests are probably far less that the cost of a whole
new sentencing phase or trial.
Georgia: Court Upholds Strict Execution
Standard
The Georgia Supreme Court has upheld a strict require-ment
capital defendants must meet to prove they are
mentally disabled, and thus avoid the death penalty. The
court's 6-1 ruling concluded that death penalty defend-ants
must prove that they are mentally disabled "beyond
a reasonable doubt," the highest burden of proof in the
legal system. "We have previously addressed this very
issue, and we now reiterate our prior holding that Geor-gia's
beyond a reasonable doubt standard is not uncon-stitutional,"
read the opinion, written by Justice Harold
Melton. Oklahoma standard is preponderance of the evi-dence.
The ruling is the latest scrutiny of the trailblazing policy
Georgia etched out in 1988, when it became the first
state to ban executing mentally disabled inmates. But
Georgia also stands out as the only one that requires
capital defendants to meet the high standard to avoid
execution. Last year, a federal three-judge panel struck
down the law by a 2-1 vote, saying it could result in the
execution of those with mental disabilities. The full I Ith
Circuit Court of Appeals is now reviewing the ruling.
Defendant's Motion; State's Amicus Brief
2011
Death Penalty Legislation
~ Utah - HB 202
• Bill to restrict death penalty
appeals. Would generally bar a
court from issuing a temporary
stay of execution following a
defendant's first post-conviction
petition. The bill
would also limit public funding
of defense counsel after that
first post-conviction has been
rejected. There is an exception
for new evidence that would
alter the case's outcome. Bill
passed and sent to Governor.
~ New Hampshire - HB 167
• A bill to expand the death pen-alty
to murders committed in
the course of a home invasion.
Bill passed and sent to governor.
~ Oklahoma
• A bill to allow executions by
"drug" or "drugs" determined
by the Department of Correc-tion,
possibly leading to a one-drug
protocol. Bill passed and
sent to Governor.
~ Pennsylvania - HB 317
• Bill to expand death penalty for
certain victims; and would
make registration as a sex of-fender
under Megan's law an
aggravating factor. Passed in
House.
NEWS FROM AROUND THE COUNTRY
Oregon: Death Penalty Opponents File Lawsuit Against Trial Court
Salem - Oregonians for Alternatives to the Death Penalty claim that a Marion county judge erred in
allowing death row inmate, Gary Haugen to dismiss his attorneys and waive his appeals without first
holding a competency hearing. Haugen's attorneys had recommended further evaluation, arguing at
the time that a neuropsychologist who met with Haugen found signs of cognitive defect. The group's
spokesman said that the group is acting to make sure the state meets judicial standards; it isn't acting
on Haugen's behalf.
Texas: Convicted Killer May Leave Death Row Due to Prosecutor
Misconduct
Fort Worth - Six years ago, convicted killer Chelsea Richardson became the first woman in Tar-rant
County to be sentenced to death. In 2005, Richardson was convicted of capital murder in the
slayings of her boyfriend's parents. Authorities said Richardson, her boyfriend, and another friend
killed the couple in 2003 so that her boyfriend could inherit his parents' $1.56 million estate. The
friend, who did most of the shooting and stabbing, struck a deal with prosecutors and received a life
sentence in exchange for pleading guilty and testifying against the other two. The boyfriend received
a life sentence. While Richardson, portrayed as the mastermind, received death.
After four years of legal battles, Richardson's appellate attorney and the Tarrant County District At-torney's
office agreed that the former prosecutor on her case, Mike Parrish, withheld evidence and
that she should get a new sentencing hearing and a life sentence. Appellate attorneys claim that Par-rish
failed to give notes by a psychologist that suggested that the friend, not Richardson, was the
mastermind.
This agreement marks the second time in three years that the district attorney's office has agreed to
change the outcome of a death penalty case handled by ex-prosecutor Parrish. In both cases, Parrish,
who retired in 2008 amid the controversy, committed prosecutorial misconduct by Withholding evi-dence
that could have been useful to the defense.
Page 14 Capital Commentary
2011 Training Calendar
July 26-29 DAC/ODAA Annual Summer Conference
Embassy Suites - Norman
3-Day Training for Prosecutors, Investigators, and VWC
November 1-3 DAC/ODAA Annual Fall Conference
Doubletree Downtown Tulsa
2-Day Training for Prosecutor and Investigators
December TBA Elected District Attorneys Conference
Location TBA
December TBA County Commissioner I District Attorney Training
ACCO-OKC
NDM Upcoming Courses
http://www.ndaa.org/education/upcoming.html
This projea is supported by Award No. jR09-033 and awarded by the Bureau of justice Assistance, Office of justice Programs, u.s. Department of justice to the State of Oklahoma. The opinions, findings, and conclusions or recommendations expressed in
this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice.
Pa e 15
2011 DAC/ODAA Summer Conference
July 26-29, 2011 - Embassy suites Hotel, Norman, OK
Tuesday, July 26, 2011
11:00 a.m-t :OOp.m. District Attorneys Roundtable - Lunch (Open to Elected District Attorneys)
1:00 p.m. Registration
1:30 p.m. DAC Business Meeting
3:00 p.m. ODAA Board of Directors
4:00 p.m. Annual Membership Meeting
5:00 p.m.·6:00 p.m. ODAA Hospitality - Embassy Suites Hotel & Conference Center
6:30 p.m. Tour of the Barry Switzer Center and Football Facilities - Memorial Stadium, University of Oklahoma
After Tour ODAA Hospitality- Embassy Suites Hotel & Conference Center
Wednesday, July 27, 2011- Joint Session Morning Training (3.5 CLE & VWC) (3.0 CLEET)
7:45 a.m. Registration
8:30 a.m. Announcements, Welcome & Introduction - Suzanne McClain Atwood, John Wampler, and Greg Mashburn
8:45 a.m. Human Trafficking - Mark Elam
10:15 a.m. Break
10:30 a.m. Social Media and Juries - Professor Caren Myers Morrison and Judge Gregory E. Mize
12:00 Noon Adjourn
12:30 p.m. ODAA Golf Tournament - Belmar Golf Club
4:00·11:00 p.m.
Afternoon
Various possible excursions are being planned.
ODAA Hospitality - Embassy Suites Hotel & Conference Center
Thursdav. Julv 28. 2011 Morning Training (3.5 CLE) (3.0 CLEET)
8:00 a.m. Registration
9:00 a.m. A Case Study: Wisconsin v. Stancl- The Facebook Extortion Case - District Attorney Brad Schimel and
Detective Forrest Clevenstine
Break
Wisconsin v. Stancl- The Facebook Extortion Case (Continued)
Break
Wisconsin v. Stancl- The Facebook Extortion Case (Continued)
Lunch On Your Own
10:00 a.m.
10:15 a.m.
11:15 a.m.
11:30 a.m.
12:30 p.m.
1:45 p.m.
Afternoon Training (3.0 CLE, including 1 of ethics) (2.0 CLEETMH Credits To Be Arranged)
Courtroom Technology-
Lubbock County Criminal District Attorney Chief Investigator Todd Smith and Panel
Break
Seeking Justice (Ethics) - W.A. "Drew" Edmondson
Adjourn for The Day
Awards Dinner
ODAA Hospitality - Embassy Suites Hotel & Conference Center
3:15 p.m.
3:30 p.m.
4:30 p.m.
6:30 p.m.
8:30·11:00 p.m.
Friday, July 29, 2011 - Joint Session Morning Training (3.0 CLE) (2.5 CLEET)
8:00 a.m. Registration
9:00 a.m. 2011 Oklahoma Legislative Update - Trent H. Baggett
10:00 a.m. Break
10:15 a.m. Using Technology to Stalk/Bully - Rebecca Dreke, Stalking Resource Center,
National Center for Victims of Crime
11:45 a.m. Adjourn Sine Die

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OKLAHOMA
DISTRICT
ATTORNEYS
COUNCIL
421 s.w. 13th Street,
STE290,
Oklahoma City, OK
73103 .
(405) 264-5000
June 17,20 II Issue 8
Brain Scans in the Courtroom
Neuroscientist have been using brain scans to learn
how to read minds. This research is increasing our
basic understanding of the human brain and offering
hope for medical breakthroughs. Commercial firms,
however, are beginning to apply this research to lie
detection, selling their services.
For nearly 10 years, neuroscientist have been publish-ing
articles about detecting lies with magnetic reso-nance
imaging (MRI). The trouble is that these studies
have taken place in the artificial environment of the
lab using people who knew they were taking part in
an experiment and were following instructions to lie.
None of the studies examined lie detection in real-world
situations. No government agency has found
that this method works; no independent bodies have
tested the approach. Yet people are buying into lie-detection
reports and trying to introduce them into
the courtroom.
In a federal district court in Tennessee, the defendant
in a Medicare fraud case wanted to introduce the MRI
lie-detection report into evidence to prove that he
had not intended to commit fraud. Ultimately, the
judge decided that the evidence should not be admit-ted.
He found, correctly, that the accuracy of the
method was unknown in real-world settings, that
there were no standards for how the method should
be applied, and that the scientific community did not
generally accept this application of the technology.
In New York, a plaintiff in state civil court wanted to
introduce an MRI report to show that her main wit-ness
was telling the truth. The judge in that case ruled
that the credibility of a fact witness was solely a ques-tion
for the jury; expert testimony about the wit-ness's
credibility was inadmissible, whether or not it
was reliable.
Continued on Next Page...
• "'f)oday courts rarely
admit brain scans as
eviaence at trial for
both tegalistJc and sci-entific
reasons. As neu-roscience
matures.
ho.w.e¥eJ", judges may
inooea'Stngly iet such
scans as tt.eIt.'laAt tG
artumM~ ~t .a